Nearly 1 in 4 children report experiencing allergies each year.[1] An allergic reaction occurs when your immune system perceives a foreign substance as harmful.[2] We have all likely felt a runny nose during changing seasons or sneezed when cleaning out a dustpan. More serious symptoms of allergic reactions, such as anaphylaxis, can even be deadly.[3] Food is the most common trigger of anaphylaxis. Children with food allergies must be closely monitored to prevent adverse reactions. This includes carefully reading nutrition labels, preventing cross-contamination, and having access to an EpiPen if needed. For children in public schools, it may also be necessary to have a legally binding care plan (known as a “504 plan”) developed under Section 504 of the Rehabilitation Act of 1973 (“Section 504”) to ensure their safety.
Section 504 categorizes a public school student with a food allergy as having a disability if this condition “substantially limits one or more of their major life activities.”[4] As allergies can substantially limit the operation of key bodily systems, they are classified as major life activities under this section. This includes the respiratory system and breathing, the gastrointestinal system and eating, and overall concentration. A broad interpretation of this language allows for maximum coverage. Pro-active vigilance and reaction plans are critical to ensure the protection of students’ health and safety. An allergy may include the following modifications:
● Designating allergy-free eating areas and providing clearly labeled, allergen-free options at school. Peanut-free tables are a typical example of this accommodation.
● Banning certain foods in school buildings or classrooms, with a notice to other families about allergy-related rules. For example, as peanut allergies continue to rise, foods containing these ingredients are often prohibited in schools.
● Instead of banning allergens altogether, schools can also reduce exposure risks by cleaning shared surfaces before individuals with allergies use them. This approach can also be helpful when leaving the school building for a field trip or extracurricular activity.
● Ensuring students have quick access to an EpiPen is essential for those with anaphylactic allergies. This includes allowing older students to carry their medication or ensuring that a trained adult, such as a teacher or nurse, is available when needed. It’s also important to store EpiPens in a visible, accessible location for use by trained staff.
● Allow students to make up work without penalty and excuse late arrivals or absences when they miss class due to medical appointments or food allergies that prevent them from completing their work.[5]
Going beyond regulating exposure to allergies, public schools must remain aware of other forms of disability-based discrimination and social repercussions. Bullying, harassment, and isolation based on a student’s food allergies are a few examples for parents and educators to watch for. Section 504 also protects students from these forms of discrimination. For example, Section 504 requires a public school to respond to bullying or harassment targeted at the student because of their medical condition, or because they are regarded as or have a record of having a disability. If not followed, students and their families have the right to file a complaint with the U.S. Department of Education, Office of Civil Rights (OCR).[6]
Understanding what is in our food and how it is handled benefits everyone, not just students with allergies. When schools prioritize transparency and meticulous food preparation, they create a safer and more inclusive environment for all. Small actions, such as clear labeling, can have a significant impact. Educators, parents, students, and food service staff can ensure every child feels seen, supported, and safe during lunch by working together.
[1] John M James, Allergy facts Asthma & Allergy Foundation of America (2025), https://aafa.org/allergies/allergy-facts/.
[2] Id.
[3] Anaphylaxis (severe allergic reaction), Kids with Food Allergies (Jul. 2025), https://kidswithfoodallergies.org/living-with-food-allergies/what-is-a-food-allergy/what-is-anaphylaxis/?gad_source=1&gad_campaignid=1016062762&gbraid=0AAAAAD-5f7yqhZpHNhQA0Gm1szm0Bo68H&gclid=CjwKCAjwv5zEBhBwEiwAOg2YKEB5UWjpeyqimmuZMmM7W5CxbGORuFaOJASZvD65xXWWcO4Y-tTvtxoCmgIQAvD_BwE.
[4] Individualized Assessments for Students with Disabilities in Postsecondary Education, U.S. Dep’t of Educ. Office for Civil Rights (Jan. 2025), https://www.ed.gov/media/document/individualized-assessments-students-disabilities-pse-109156.pdf.
[5] Section 504 Protections for Students with Food Allergies Individualized Assessments for Students with Disabilities in Postsecondary Education, U.S. Dep’t of Educ. Office for Civil Rights (Feb. 2024), https://www.ed.gov/sites/ed/files/about/offices/list/ocr/docs/ocr-factsheet-food-allergies-202402.pdf.
[6] Id.
Written by Rebekah Lazar, Summer Intern at Abdnour Weiker, LLP